Construction

Law

Newsletter

September 2013

As part of our continuing effort to inform our clients of recent changes in the laws effecting your construction business, we offer you this complementary monthly newsletter of recent events, rulings and laws in the area of construction. We hope you find this helpful.

As always, if you have any questions or concerns related to your business needs, please do not hesitate to contact any of the Board Certified Construction Attorneys at Your Construction Law Firm.™

Sincerely,

MALKA & KRAVITZ, PA

Is That Your Product for Insurance Purposes?

In the recent case of Liberty Mut. Fire Ins. Co. v. MI Windows & Doors, Inc., 2D12-2793, 2013 WL 4734045 (Fla. 2d DCA, September 2013), the Court of Appeals for the Second District of Florida addressed the issue of insurance coverage for altered products. Interestingly, there are very few cases in Florida addressing this issue.

Read On . . .

Contract Provisions That Will Make You Proud

In General Tool Industries, Inc. v. Premier Machinery, Inc., 790 So. 2d 449 (Fla. 3d DCA 2001), Buyer engaged Seller to manufacture specialized equipment that could produce rocker arms. Seller made written proposals to manufacture a milling machine and a lathe for Buyer's requirements. Seller's proposal included the following provision:

11. Seller shall not be liable for any incidental or consequential damages for lost profits, lost sales . . . [R]ather buyer and seller agree that the sole and exclusive remedy for breach of any warranty concerning the product shall be the repair or replacement of defective parts or, at seller's option, refund of the purchase price. Read More . . .

Can I Recover Attorney's Fees On My Bond Claim?

Rules, more rules, exceptions to the rules, and an infinite number of exceptions to the exceptions - this may be the popular belief about what civil law is made of. Whether that perspective is accurate or not, understanding those rules, exceptions, etc., can translate into having more of the bottom line: $$$. Read On . . .

Sellers: Your Sales PItches May Create Express Warranties

Product warranties assure or guaranty character, quality, fitness, or title of the product. Warranties may be implied, meaning that they are "read into" the parties' contract as a result of judicial or legislative policy. Warranties may also be express, often resulting from the seller's statements of "warranty" or "guarantee". Hopefully, when a seller makes a statement of "warranty" or "guaranty", it intends to take on product warranty liability. It is important for sellers to remember, however, that express warranties may also arise from less conspicuous representations. Read More . . .

Your Construction Law Firm Continues Its Industry Outreach.

Your Construction Law Firm is proud to announce that Larry R. Leiby's 2012-2013 edition of the Florida Construction Law Manual is on book shelves now. You can place your order directly from West here Construction Law Manual

For more information, please contact Your Construction Law Firm.

The attorneys of Your Construction Law Firm will be continuing the Firm's industry outreach at the following seminars / speaking engagements:

October 17, 2013 - MiamiFlorida - Larry R. Leiby will be presenting at the Seminar Group seminar on Florida Construction Law on the topic of "Lien and Bond Claims Dealing With The Surety."

October 18, 2013 - Broward County Bar Association Bench & Bar Convention - Harry Malka & Ian T. Kravitz will be heading a panel discussion of Florida's Construction Lien Law to judges and attorneys attending the Broward County Bar Association Convention.

October 18, 2013 - Broward County Bar Association Bench & Bar Convention - Larry Leiby will be presenting a seminar on "Current Issues in Arbitration including new Revised Florida Arbitration Code and Expanded Review of Awards" and "Legal Issues for the Court re: Arbitration - Motions to Compel Arbitration; Jurisdiction on Arbitrability; Motions to Confirm, Modify, and Vacate Arbitration Awards"

December 11, 2013 - Construction Superconference in San Francisco - Larry Leiby will be speaking on the case law update regarding arbitration.

Your Construction Law Firm Relaunches www.mkpalaw.com

Your Construction Law Firm is proud to announce the relaunch of our internet portal at www.mkpalaw.com. We have worked hard to update and include for your benefit relevant Florida Statutes, archived newsletters, forms, articles, and our Florida Construction Law Blog. We hope you will find our new internet portal informative and helpful.

Please take the time to go through our site, connect with us utilizing the socuial media links located on the site, and subscribe to our blog service. It is all free of charge to you, and will help you stay informed on everything construction law.

If you have any suggestions that you believe would improve our site, please email Ian Kravitz at ian@mkpalaw.com to let us know. We are here to serve you as Your Construction Law Firm.

Contact any of our Board Certified Attorneys and allow us to serve as

Your Construction Law Firm.™

1300 Sawgrass Corporate Parkway, Suite 100

Fort Lauderdale, Florida 33323

Telephone 954-514-0984 Facsimile 954-514-0985

www.YourConstructionLawFirm.com

In This Issue

Is That Your Product For Insurance Purposes

Contract Provisions That Will Make You Proud

Can I recover Attorney's Fees On My Bond Claim?

Sellers: Your Sales PItches May Create Express Warranties

Industry Recognitions

Proud Members of

Join Our Mailing List

Your Construction Law Firm™

At Malka & Kravitz, P.A., we are a Martindale Hubbell AV rated law firm dedictated to providing services tailoreed to the individual needs of our clients and their individual business workings. All of our attorneys are Board Certified by The Florida Bar as experts in Construction Law. This is the highest recognition of competence provided by the Florida bar.